MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Health and Human Services

By: Representative Aguirre

House Bill 777

(As Sent to Governor)

AN ACT TO AMEND SECTION 73-30-9, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CERTAIN FEES CHARGED TO APPLICANTS FOR LICENSURE AS A LICENSED PROFESSIONAL COUNSELOR OR A PROVISIONAL LICENSED PROFESSIONAL COUNSELOR ARE APPLICATION FEES AND NOT LICENSING FEES; TO DELETE THE REQUIREMENT THAT APPLICANTS FOR RENEWAL OF A PROVISIONAL LICENSED PROFESSIONAL COUNSELOR LICENSE UNDERGO A FINGERPRINT-BASED CRIMINAL HISTORY RECORDS CHECK; TO CLARIFY THAT APPLICANTS FOR RENEWAL OF A LICENSED PROFESSIONAL COUNSELOR LICENSE WILL UNDERGO A FINGERPRINT-BASED CRIMINAL HISTORY RECORDS CHECK AS REQUIRED BY THE BOARD; TO AMEND SECTION 73-30-29, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RENEWAL OF LICENSE FEE AND LICENSING PERIOD FOR PROVISIONAL LICENSED PROFESSIONAL COUNSELORS; TO DELETE THE AUTHORITY OF THE BOARD TO INCREASE RENEWAL FEES; TO CLARIFY THE CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL OF A PROVISIONAL LICENSED PROFESSIONAL COUNSELOR LICENSE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-30-9, Mississippi Code of 1972, is amended as follows:

     73-30-9.  (1)  The board shall issue a license as a provisional licensed professional counselor, without regard to race, religion, sex or national origin, to each applicant who furnishes satisfactory evidence of the following:

          (a)  The applicant has completed an application on a form prescribed by the board accompanied by a nonrefundable * * *licensing application fee of Fifty Dollars ($50.00).

          (b)  The applicant is at least twenty-one (21) years of age.

          (c)  The applicant is of good moral character.

          (d)  The applicant is a citizen of the United States, or has an immigration document to verify legal alien work status in the United States.  The immigration document must be current and issued by the United States Immigration Bureau.

          (e)  The applicant is not in violation of any of the provisions of this chapter and the rules and regulations adopted hereunder.

          (f)  The applicant shall have a minimum acceptable graduate semester hour or acceptable quarter-hour master's degree as determined by * * *Section 73‑30‑5 the board primarily in counseling or a related counseling field from a regionally or nationally accredited college or university program in counselor education or a related counseling program subject to * * *Mississippi State board * * *of Examiners for Licensed Professional Counselors' approval.  All applicants shall provide official transcripts of all graduate work.

          (g)  The applicant must pass the examination approved by the board, as set forth in Section 73-30-7(5).

          (h)  A provisional license issued under this section shall require that the individual confine one's practice to a board-approved site and accrue counseling experience under the supervision of a board-qualified supervisor.

          (i)  The limited license shall be renewable for not more than four (4) years, with a nonrefundable license fee * * *of Fifty Dollars ($50.00) per year in the amount provided in Section 73-30-29.  Licensees may appeal to the board for an extension of the renewal period.

          (j)  Each applicant for licensure * * *and renewal shall apply to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose.

     (2)  The board shall issue a license as a licensed professional counselor, without regard to race, religion, sex or national origin, to each applicant who furnishes satisfactory evidence of the following:

          (a)  The applicant has completed an application on a form prescribed by the board accompanied by a nonrefundable full application * * *licensing fee of Fifty Dollars ($50.00).

          (b)  The applicant is at least twenty-one (21) years of age.

          (c)  The applicant is of good moral character.

          (d)  The applicant is a citizen of the United States, or has an immigration document to verify legal alien work status in the United States.  The immigration document must be current and issued by the United States Immigration Bureau.

          (e)  The applicant is not in violation of any of the provisions of this chapter and the rules and regulations adopted hereunder.

          (f)  The applicant shall have a minimum acceptable graduate semester hour or acceptable quarter-hour master's degree as determined by the * * *Mississippi State board * * *of Examiners for Licensed Professional Counselors in Section 73‑30‑5 primarily in counseling or a related counseling field from a regionally or nationally accredited college or university program in counselor education or a related counseling program subject to board approval.  All applicants shall provide official transcripts of all graduate work.

          (g)  The applicant must pass the examination approved by the board, as set forth in Section 73-30-7(5).

          (h)  The applicant has had post graduate supervised experience in professional counseling acceptable to the board.  Applicant shall submit verification of supervised experience.

     Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

          (i)  The board shall require each first-time applicant for licensure and may require applicants for license renewal to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant for licensure and each renewal applicant as required by the board shall apply to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant shall submit a full set of the applicant's fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose.

     SECTION 2.  Section 73-30-29, Mississippi Code of 1972, is amended as follows:

     73-30-29.  (1)  Except as provided in Section 33-1-39, the renewal of license fee for licensed professional counselors under this chapter shall be Two Hundred Twenty Dollars * * *($200.00) ($220.00) per biennial licensing renewal period, and the renewal of license fee for provisional licensed professional counselors under this chapter shall be Fifty Dollars ($50.00) per annual licensing renewal period.  * * * License renewal fees may be increased by the board as deemed necessary, but may not be increased by more than ten percent (10%) of the previous year's fee.

     (2)  * * *From and after January 1, 2004, a licensed professional counselor and provisional licensed professional counselor must complete twelve (12) hours of continuing education before a license may be renewed.  Continuing education courses must be in the field in which the counselor practices.  A minimum of three (3) hours of continuing education must be in the field of professional ethics.  The board may determine which continuing education courses are admissible, and the decisions of the board are final.  Courses submitted for other certification processes will be admissible.  The board must adhere to the guidelines as provided by the National Board of Certified Counselors with regard to credit for teaching courses, workshops and serving on boards. Provisional licensed professional counselor licenses will be renewed annually on or before June 30.  The evidence of the following must be received in the office of the board on or before June 30 of the year of renewal by every license holder who intends to continue to practice:  Each active provisional licensed professional counselor licensee must accrue six (6) continuing education hours during the preceding license period, two (2) of which must involve topics in professional ethics or legal issues in the delivery of counseling services.

     (3)  * * *All Licensed professional counselor licenses will be renewed biennially on or before June 30 of the applicable year.  The evidence of the following must be received in the office of the * * *State board * * * of Examiners for Licensed Professional Counselors on or before June 30 of the year of renewal by every license holder who intends to continue to practice:  Each active licensed professional counselor * * *and Provisional Licensed Professional Counselor licensee must accrue twenty-four (24) continuing education hours during the preceding license period, six (6) of which must involve topics in professional ethics or legal issues in the delivery of counseling services.

     SECTION 3.  This act shall take effect and be in force from and after its passage.